This application was filed on 1st September 2020 by Eunice Jeyacheya. Eunice subsequently died on 1st August 2021 as per the death certificate filed of record. Chiratidzo Lorraine Jeyacheya was then appointed Executrix Dative as per Letters of Administration also filed of record and in that capacity sought to be substituted as the applicant and was so substituted in terms of Rule 32 (9) of SI 202/2021. More
The background facts to this application are largely common cause. The applicant is a registered trust and is concerned with inter-alia governance issues of the Chitungwiza Municipal area. The first respondent is the Minister responsible for the administration of the Urban Councils Act [Chapter 29:15]. The second respondent is the Harare Metropolitan Province Provincial Administrator. He co-ordinates development issues within the Harare Metropolitan Province. The second respondent is appointed by the first respondent in his capacity of the Minister of Local Government and Public Works. For the avoidance of doubt it must be noted that Chitungwiza Municipal area falls under... More
On 5 November 2021 in case SC 250/19 judgement number SC138/21 the Supreme Court issued an order, on appeal overturning the decision of this court of 10 April 2019 in case HC 6567/17. Of significance is paragraph 2.1 of the order stating that:
“The plaintiff’s claim for eviction of the respondent and all those claiming title through him from house number 12 Le Roux Drive, Hillside, Harare is granted.” More
This judgment is pursuant to an application for absolution from the instance made by the defendant at the close of the plaintiff’s case. The plaintiff is a male adult who is into the business of farming and is based at Elephants Walk Farm in Karoi. The defendant is also a male adult and director in an entity called Sensan Investments (Pvt) Ltd, which operates from number 24 Seke Road, Harare. On 13 December 2021, the plaintiff caused summons to be issued out of this court seeking the following relief against the defendant: More
On 10 January 2017, the plaintiff instituted summons action against the defendant seeking the following relief:
“WHEREFORE Plaintiff claims:
(a) That the Defendant be and is hereby ordered to pay US$ 15 000.00
(b) Interests at the prescribed rate from the date of the issuance of summons.
(c) Costs of suit on an attorney-client scale.” More
After hearing the parties I delivered an ex-tempore judgment and dismissed the application for bail pending trial. I have not been asked for written reasons but decided to give such reasons that notwithstanding.
The applicant is facing a murder charge, it being alleged that sometime during the period extending from end of November to 13th December 2020, the applicant, in the company of four others confronted the deceased who was on his way from Botswana using an undesignated point of entry, and accused him of being one of the robbers operating along the Zimbabwe-Botswana border. They proceeded to assault him... More
On 23 February 2022 we dismissed an ex tempore appeal by both appellants and gave reasons in court for such a dismissal. Three months later Messrs Gonese and Ndlovu Legal Practitioners wrote a letter dated 6 June 2022 which was drafted as follows: “Can we please be provided with the Reasons for the judgment as soon as possible.” The record was placed before me on 23 June 2022. It is not clear where it was from 7 June 2022 to 23 June 2022. It is also not clear what the appellants’ legal practitioners were doing from 23 February 2022, yet... More
